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    • issuance of a claimform pauses the sb clock.   surely you cant say they are in default of your sec 78 as they have complied, better to say they have not fully complied.   the DN is NOT covered by a CCa request.   ive removed your earlier upload as crossing thru with a felt pen dos not obscure your details and  your name is clearly visible as well.        
    • Whoops........... I think I might have missed that bit off 😆   Here it is in its entire form:   1.    The defendant opened a studio regulated consumer credit account under reference ********* on 30th November 2011. 2.    In breach of the agreement the defendant failed to maintain the required payments and the agreement was terminated.  3.    The agreement was later assigned to the claimant on 25th September 2015 and written notice given to the Defendant. 4.    Despite repeated requests for payment, the sum of £716.38 remains due and outstanding.  And the Claimant claims; a) the said sum of £716.38; b) interest pursuant to s69 Count Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.157, but limited to one year, being £57.31; c) costs.     Defence   The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.  It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.   Paragraph 1 is admitted insofar that a contractual relationship in the past with Studio did once exist but I do not recognise the account number referred to by the claimant.   Paragraph 2 is noted but not admitted. The claimant would not be aware of any alleged breach or in a position to plead such fact as an assignee as the defendant did not enter into any agreement with the claimant and is therefore put to strict proof to verify the nature of the alleged breach and service and copy of a Default Notice pursuant to CCA sec 87.1.   I am unaware of any legal assignment or Notice of Assignment allegedly served 25th September 2015 pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974.   On the 30th September 2019 I requested information pertaining to this claim by way of a CPR 31.14 request and a Section 78 request. To date the claimant has failed to comply to my CPR 31.14. The claimant also remains in default of my section 78 request and are therefore unable to enforce any agreement until such compliance.   On the 7th October 2019 Lowell provided a photocopy of an agreement and statement.  They confirmed that they have requested a copy of the Default Notice from the original creditor and this will be sent to me upon receipt.  To date, 23rd October 2019, I still await their compliance.   It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of proof of assignment being sent/agreement/balance/breach requested by CPR 31. 14 and sec 78 CCA1974 and therefore the Claimant is put to strict proof to:   a) show how the Defendant has entered into an agreement with the Claimant; and b) show and evidence the nature of breach and service of a default notice pursuant to section 87(1) CCA1974 c) show how the Defendant has reached the amount claimed for; and d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. If there is anything that needs amending or changing please let me know. The debt becomes SB on the 23rd Nov, so if I can drag it out to then I am guessing that there is nothing they can do?
    • Hi thanks all off you for your help.   I'm having rest now.
    • I haven't sent my N180 paperwork back to the Court yet (due next week) but Idem have sent me a copy of theirs.   They have ticked 'no' to mediation and have informed me that they're requesting a hold on proceedings for a month so that they can attempt settlement. 
    • just to update, i have received a letter this morning from Arrow Global-   We thank you for your letter and acknowledge your request for documentation pursuant of the consumer credit act 1974. We do not accept that we are the creditor as envisaged by the above statute. However, we are willing to assist in obtaining that which has been requested.We will now process your request for documentation from the creditor and will respond in due course. We confirm that all collection activity will be suspended pending provision of the documents.   So i assume Arrow have not bought the debt and are collecting for either another DCA or indeed the origianol creditor in this case would be Marks & Spencer. not sure to as if this is good news that they have not produced it or bad news they may be going back to M&S,Can anyone chuck some light on it for me   Many Thanks to all
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rachelw221

Are Scott & Co Sheriff Officers ???

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hi there, ill try and keep this short and sweet.

i have been paying back money to scott and co for 2 years. i have not missed a payment of £50 per month since setting up an agreement. however i had changed bank acounts last month, and my direct debits were to change over automaticly, all of them did apart form scott and co.

they called my house and spoke with my flatmate. my flatmate then called me at work saying there was sherrif officers calling and i had to phone asap. i called them right away and realised the direct debit had not been switched over. i paid the money over the phone and appoligised and set up a new direct debit. After i had paid the money, my flatmate then phoned them back to ask if it was for council tax. the man then told him it was not for council tax but infact a student loan £4000 id had four years ago, that i was paying back £50 a month and the debt was down to £2500. (i couldnt afford to pay this untill i had a job after studying)

I was furious they would give out so much information!

i emailed them asking for a copy of their "code of confidentiality" and they have declined to do so, i have this in writing.

i have then emailed the sherrif office compaints people to compain, and they have said that Scott and Co are not sherrif officers and are only a debt collection agency, and cannot help me with this compaint.

where do i go from here?

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Hello and Welcome, rachelw.

 

 

I've started a new thread for you, I would have to say the Sheriff Officers complaints people seem to be wrong.

Scott & Co are Sheriff Officers & Messengers at Arms, they are also debt collectors and recover a number of different debts including Council Tax and Parking fines.

I'm going to have a look around for more info, I'll be back shortly.

 

Regards.

 

Scott.


 
 

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If you have a look at this link, they appear 3rd company down.................

 

http://www.smaso.org/dirdisplay.php?cid=9

 

You can make a complaint here.............

 

http://www.smaso.org/images/COMPLAINTS.pdf


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Hello and Welcome, rachelw.

 

 

I've started a new thread for you, I would have to say the Sheriff Officers complaints people seem to be wrong.

Scott & Co are Sheriff Officers & Messengers at Arms, they are also debt collectors and recover a number of different debts including Council Tax and Parking fines.

I'm going to have a look around for more info, I'll be back shortly.

 

Regards.

 

Scott.

 

Thanks. I did go on Scott and co website and it says they are sheriff officers. X

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They are still out of order giving any details to third parties, seem to think they can do as they please.


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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They are still out of order giving any details to third parties, seem to think they can do as they please.[/quote

 

ANY IDEA WHAT I COULD DO? X

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ANY IDEA WHAT I COULD DO? X

 

You could make a complaint to the Society of Messenger at Arms and Sheriff Officers, but it looks like they have no disciplinary powers over their members.

Those powers lie with the relevant Sheriff Principal or the Lord President, you can make a complaint to them directly, the society would give you the contact details.

Sheriff Officers are all bound to abide by their code of practice,( not that I've read it ).

 

I very much doubt much would come of it but there's no harm in trying, see what they say after looking at your complaint.


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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I would certainly make a complaint.

 

You can make a complaint at the local sheriffs office at your local sheriff court


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The following information applies to all firms of sheriff officers who are enforcing and or collecting council tax or any other debt.

 

Sheriff officers carrying out debt enforcement (ie bank arrestment, earnings arrestment, attachment, etc) are subject to regulations laid down by the Scottish Government. Any complaints about sheriff officers practice should be submitted to the Sheriff Principal at the local sheriff court for the area in which you reside.

 

Sheriff officers must hold a Consumer Credit Licence when collecting debt, and they must adhere to the Office of Fair Trading debt collectionlink3.gif Guidance: http://www.oft.gov.uk/shared_oft/bus.../OFT664Rev.pdf

 

In general this guidance states that when collecting debt they have to treat debtors fairly; be transparent when dealing with debtors; exercise forebearance with debtors exercising difficulty; and act proportionately when recovering debts given the debtors circumstances.

 

Whether enforcing debt or collecting debt. sheriff oficers have to abide by data protection regulatiuons.

 

Rachelw221 you have grounds to make a complaint under the OFT Debt Collection Guidance. In the first instance make the complaint quoting this guidance. if this is not resolved to your satisfaction then you can complain to the Financial Ombudsmanlink3.gif Service who can investigate the complaints as debt collection comes under the Consumer Credit Licensing:

http://www.financial-ombudsman.org.u...complaints.htm

Edited by Joemcm35

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hi there, ill try and keep this short and sweet.

i have been paying back money to scott and co for 2 years. i have not missed a payment of £50 per month since setting up an agreement. however i had changed bank acounts last month, and my direct debits were to change over automaticly, all of them did apart form scott and co.

they called my house and spoke with my flatmate. my flatmate then called me at work saying there was sherrif officers calling and i had to phone asap. i called them right away and realised the direct debit had not been switched over. i paid the money over the phone and appoligised and set up a new direct debit. After i had paid the money, my flatmate then phoned them back to ask if it was for council tax. the man then told him it was not for council tax but infact a student loan £4000 id had four years ago, that i was paying back £50 a month and the debt was down to £2500. (i couldnt afford to pay this untill i had a job after studying)

I was furious they would give out so much information!

i emailed them asking for a copy of their "code of confidentiality" and they have declined to do so, i have this in writing.

i have then emailed the sherrif office compaints people to compain, and they have said that Scott and Co are not sherrif officers and are only a debt collection agency, and cannot help me with this compaint.

where do i go from here?

 

you can look at www . smaso.org/ code of practice 2012 sorry i cant post a link here.

:-)

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